Streamlining Hazardous Waste Regulations to Encourage Beneficial Recycling
New Rule May Increase F006 Recycling

The U.S. Environmental Protection Agency has proposed to modify the definition of solid waste rule to streamline regulation of hazardous secondary materials. The proposed rule would provide for the recycling of such materials as solvents, metals, and certain other chemicals.

EPA estimates that streamlining the management of secondary materials in a cost efficient but safe manner will result in an average cost savings of $107 million a year from both reduced regulatory burden and increased recycling.

The proposed rule provides exclusions for:

• materials that are generated and reclaimed under the control of the generator;
• materials that are generated and transferred to another person or company for reclamation under specific conditions; and
• materials that EPA deems non-waste through a case-by-case petition process.

The proposal also defines legitimate recycling to ensure that only legitimate recycling activity benefits from the streamlined requirements, not treatment or disposal under the guise of recycling.

The proposed new definition of solid waste could facilitate more recycling of F006 wastes (electroplating wastewater treatment sludge). Under the proposed new definition, sludge that is reclaimed for metals recovery would not be considered "discarded", and would not, therefore, be subject to hazardous waste regulations (provided that plating shops and reclamation facilities meet a set of conditions regarding the management and recycling of the sludge).

Below you will find links to the proposed rule change and related information.  EPA is accepting comment on this proposal.  The comment period on the Proposal to Modify the Definition of Solid Waste, published in the Federal Register on March 26, 2007 has been extended. Comments will now be accepted through June 25, 2007.

More Resources

The surface finishing industry submitted comments on EPA’s March 26, 2007 supplemental proposal to revise the definition of solid waste to encourage the recycling of more hazardous secondary materials.

Revisions to the Definition of Solid Waste (proposed Rule) Federal Register Notice March 26, 2007.  Read the full text of the proposed rule change.  Includes instructions for submitting comments.

Proposed Revisions to the Definition of Solid Waste Aim to Increase Recycling Fact Sheet.  A fact sheet published by EPA that summarizes the proposed rule.  Includes the definition of legitimate recycling.

Proposed Revisions to Definition of Solid Waste Frequent Questions.  A useful set of Q&A prepared by EPA.

EPA Webpage Dedicated to the Proposed Rule.  Check here for announcements and updates.

Miscellaneous Documents:

• An Assessment of Good Current Practices for Recycling of Hazardous Secondary Materials (PDF) [46 pp., 265 KB]
• An Assessment of Environmental Problems Associated with Recycling of Hazardous Secondary Materials (PDF) [14 pp., 83 KB]
• Appendix I: Summary Cases from Recycling of Hazardous Secondary Materials (PDF) [5 pp., 3.7 MB]
• Appendix II: Profiles of Damage Cases from Hazardous Materials Recycling Operations (PDF) [371 pp., 1.3 MB]
• Appendix III: Additional Sites Considered but not Included in the Damage Case Analysis (PDF) [23 pp., 125 KB]
• A Study of Potential Effects of Market Forces on the Management of Hazardous Secondary Materials Intended for Recycling (PDF) [91 pp., 320 KB]
• Regulatory Impact Analysis (PDF) [284 pp., 1.3 MB]
• 2003 Proposed Rule.

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